FL-300 Guidance: Request For Order | Gavel

FL-300 Guidance: Request For Order (California)

The FL-300 Request for Order ("RFO") form is used by individuals seeking the court's intervention to modify or request orders related to child custody, support, visitation, spousal support, attorney's fees or other family law matters in California that cannot wait until the end of the case. Jump to guide on filling it out.

Official FL-300 PDF Download (ca.gov)

When you need form FL-300

When facing a modification or establishment of court orders related to family law in California, the FL-300 Request for Order ("RFO") form becomes a critical document when court intervention is needed before the end of the case. This form is typically necessary when a party needs to request the court to make specific orders for child custody, visitation, child support, spousal support, or other family-related matters.

• Before filing the FL-300, parties need to complete an Income and Expense Declaration (FL-150) to provide financial information.
• A change in circumstances, such as a job loss or relocation, often triggers the need for an FL-300 form to request a modification of existing orders. A party needs to file a Declaration with facts supporting the FL-300.
• Initial filings like the Petition for Dissolution (FL-100) may precede this form if it's the first instance of action.
• The FL-300 must be personally served on the other party 16 days before the scheduled hearing date (excluding weekends and court holidays).
• You will need your process server to fill out Proof of Personal Service (FL-330) and file it with the court.
• The Respondent may file a Responsive Declaration to Request for Order (form FL-320) to respond to your RFO.

In summary, the FL-300 is a pivotal form utilized during various stages of family law proceedings to facilitate fair and relevant adjustments or introductions of legal orders. Its submission is generally prompted by notable life changes impacting existing family law arrangements or initial needs for such determinations.

How to file form FL-300

• 1. Obtain the Form: Download the FL-300 Request for Order form from the California Courts website or obtain a copy from the local courthouse.
• 2. Complete the Form: Fill out the form with the necessary details regarding the orders you are requesting. Attach any additional documents that support your request.
• 3. Serve the Form: Serve a copy of the completed form and any supporting documents to the other parties involved in the case, following proper legal service procedures.
• 4. File With the Court: Submit the original form and proof of service at the family law clerk's office in the courthouse where your case is being heard.
• 5. Attend the Hearing: Await the scheduled hearing date where the court will review your request and decide on the orders.

Tips for filling out form FL-300

When completing form FL-300, pay special attention to these less obvious sections:

Restraining Order Clarity

If you are aware of any existing restraining or protective orders that may impact your request, make sure to attach copies of those orders. This includes orders from different court divisions like family, criminal, or juvenile court.

Supporting Facts

While supporting facts should be no longer than 10 pages, focus on concise, clear, and directly relevant information. Any additional documents or evidence that can substantiate your claims should be indicated as attachments.

Interest of Children

When requesting child custody or visitation changes, clearly specify why the changes are in the best interest of the children. Specific examples or situations that demonstrate improvement or detriment in the children's current condition may be helpful.

Support Order Changes

Explain why a new or modified child support order is necessary. Consider providing details such as changes in income, financial hardship, or important changes in the child’s needs since the last order.

Reason for Spousal Support Change

Include specific reasons why spousal or partner support should be changed or ended. Consider factors like changes in financial circumstances, employment status, or changes in living arrangements that might affect support needs.

Debt Payment Obligations

When requesting someone to continue making payments on shared debts, specify details about the payment plan, such as due dates and specific amounts, to avoid ambiguity. This clarity will aid in enforcement, if necessary.

Urgency in Hearing

Explain why there is an urgent need for the hearing date or service to be sooner than usual. This can include imminent harm or potential irreparable damage if the standard timeline is followed.

What to do after filing form FL-300

1. Serve the Request for Order (form FL-300) along with a blank Responsive Declaration to Request for Order (form FL-320) to all parties involved in the case. This must be done at least nine court days before the scheduled hearing, unless the court has ordered a shorter time period.
2. File the Proof of Service (form FL-330 or form FL-335) with the court to verify that service has been completed. This is crucial to showing the court that all parties have been properly notified.
3. Prepare for the court hearing by gathering any necessary documents, evidence, and witness statements that support your request.
4. Attend any required mediation or child custody recommending counseling session if your case involves child custody or visitation issues. This is typically ordered by the court and must be completed before the hearing.
5. Attend the court hearing on the date and time specified in the Notice of Hearing section of the Request for Order form. Be prepared to present your case and address any questions the court may have.

Related Forms

FL-165: Request To Enter Default

The FL-165 Request to Enter Default form is used in California family law cases when one party seeks a court order to establish a parental relationship, and the other party has failed to respond to the initial petition within the legal timeframe.

FL-180: Judgement Order

The FL-180 Judgment Order form is used in California to finalize the legal proceedings of a dissolution, legal separation, or nullity of marriage or domestic partnership, detailing the court's decisions on issues such as child custody, support, and property division.

FL-350: Stipulated Agreement

Use this form when both parents have agreed to establish or modify an existing child support order, ensuring the agreement is documented and approved by the court.

FL-300: Request For Order

The FL-300 Request for Order ("RFO") form is used by individuals seeking the court's intervention to modify or request orders related to child custody, support, visitation, spousal support, attorney's fees or other family law matters in California that cannot wait until the end of the case.

FL-100: Divorce Petition

The FL-100 Divorce Petition form is used in California to initiate the legal process for dissolving a marriage or domestic partnership, seeking a legal separation, or requesting nullity due to specific legal grounds.

FL-110: Summons

The FL-110 Summons form is used when initiating divorce proceedings in California, notifying the respondent of the legal action and setting forth essential information, including the consequences of not responding within 30 days, as well as listing the automatic temporary restraining orders ("ARTOs") against both parties until the court resolves the matter.

FL-105: UCCJEA

The FL-105 UCCJEA form is used in California during child custody cases, often as part of and required to complete divorce proceeding, to declare the child's residential history and identify any existing custody orders in order to ensure proper jurisdiction and enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act.

FL-115: Proof of Service

The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents to commence the action.

FL-117: Notice and Acknowledgement of Receipt

The FL-117 Notice and Acknowledgment of Receipt form is used in California divorce proceedings to document a recipient's acknowledgment of consent to and receiving legal documents related to the case by mail, ensuring the process of serving these documents is legally recognized.

FL-141: Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration

The FL-141 form must be completed during divorce proceedings in California to officially declare that a Preliminary or Final Declaration of Disclosure, along with an Income and Expense Declaration, has been served to the other party, ensuring both parties have exchanged essential financial information as required by law.

FL-311: Child Custody and Visitation

The FL-311 Child Custody and Visitation form is used when parents or parties involved in a child custody case in California need to detail arrangements for custody and parenting time, including any special conditions like supervised visitation or transportation instructions.

FL-342: Child Support Order

The FL-342 Child Support Order form is used when a court needs to establish or modify a child support order as part of a legal proceeding, ensuring that all required financial details and agreements are documented for the welfare of the child involved.

FL-140: Declaration of Disclosure

The FL-140 Declaration of Disclosure form is used in both contested and uncontested California divorce proceedings to provide an accurate and complete disclosure of financial information, including assets, debts, and investment opportunities, which must be exchanged between parties as part of both preliminary ("PDD") and final ("FDD") legal requirements before a court will issue a divorce decree.

FL-142: Schedule of Assets and Debts

The FL-142 Schedule of Assets and Debts form is used during divorce proceedings in California to list all known community and separate assets and debts, providing a detailed account of the financial situation for equitable distribution.